Florida Bike Accident Lawyers

Injured in a Bike Accident Caused by a Negligent Motorist in FL?

Any bike accident attorney at Burnetti, P.A. understands that bicyclists have the same rights on the road as cars, trucks and other motor vehicles, and fight for the legal rights of bicyclists injured by negligence. If a bicyclist suffers a head injury, spinal cord injury, broken bones, or other serious injuries in an accident caused by the negligence of another driver, they may be able to file a personal injury claim with a Florida bike accident attorney.

If you have been injured in a Florida bicycle accident and believe you may have a claim, fill out the free case evaluation form or call (888) 444-8508.

Causes Of Bike Accidents

There are many factors that may contribute to a bicycle accident, including:

• Reckless driving
• Driving under the influence
• Careless driving
• Texting while driving
• Distracted drivers
• Changing the radio
• Running a red light or stop sign
• Speeding
• Failure to obey a traffic control device
• Improperly switching lanes
• Making an illegal turn

Florida Bicycle Laws

Key Traffic Principles For Cyclists

• A cyclist is safer riding with traffic than facing it.
• A cyclist who rides facing oncoming traffic increases his risk of being hit by a motorist by two to four times.
• Drivers entering and exiting the roadway at side streets and driveways do not expect bicycle traffic to approach from this direction.
• Lamps must be used on a bicycle after sunset to alert other drivers.
• A rear reflector may not be recognized as attached to a moving vehicle, and frontward illumination is needed to alert drivers not approaching from the rear.
• Nighttime collisions are much more likely to result in incapacitating injury or death. About 60 percent of fatal bicycle crashes in Florida occur during non-daylight hours.
• A cyclist traveling more slowly than other traffic should ride to the right, except to pass, to make a left turn, when necessary to avoid hazards, or when a lane is too narrow to share.
• A cyclist should ride to the right to make it easier for faster vehicles to pass but should follow a predictable line. Swerving left to avoid a parked car, broken pavement edge, a drain cover, pooled water, gutter debris, etc., may surprise an overtaking motorist.
• A cyclist who stays far right is less visible to drivers emerging from driveways and side streets and to oncoming drivers making left turns.
• A cyclist may leave the right-most side of the roadway when (1) moving as fast as other traffic; (2) passing another vehicle; (3) making a left turn; (4) avoiding roadside hazards; (5) where a lane is too narrow for a bicycle and another vehicle to travel safely side by side. (Moving left in such a lane helps cue an overtaking driver who might otherwise misjudge passing space.)
• A bicyclist riding on a sidewalk or crosswalk has the rights and duties of a pedestrian, as well as certain other duties.
• Infractions of bicycle regulations in §316.2065 and moving and non-moving violations of other sections of Chapter 316 are subject to civil penalties as provided in §318.18. (For an infraction by a child cyclist, an officer could consider issuing a verbal or written warning.)
• Points are not assigned to the driver license of a person who committed a violation while driving a bicycle. Points apply only to motor vehicle operation.
• Local authorities may require bicycle registration, prohibit riding on sidewalks on roads under their jurisdiction, etc.

Equipment And Passengers

Every bicycle must be equipped with a brake or brakes that allow the rider to stop within 25 feet from a speed of 10 mph on the dry, level, clean pavement.

A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped; an adult bicyclist may carry a child in a backpack or sling, child seat or trailer designed to carry children.

Lighting Equipment

A bicycle operated between sunset and sunrise must be equipped with a lamp on the front exhibiting a white light visible from 500 feet to the front and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear. Additional lighting is permitted and recommended. The risk of fatal or incapacitating injury increases sharply at night.

Bicycle Helmet

A bicycle rider or passenger under 16 years of age must wear a bicycle helmet that:

• Is properly fitted
• Is fastened securely
• Meets a nationally recognized standard

Under federal law, bicycle helmets are required to meet the standards of the Consumer Product Safety Commission.

Bicycle helmets, properly fitted and secured, have been found effective at reducing the incidence and severity of head, brain and upper facial injury.

Headset Not To Be Worn

A cyclist may not wear a headset, headphone or listening device, other than a hearing aid while riding. Loud headphones can damage hearing and shut out the outside world. However, no cyclist should depend on hearing before turning or changing lane position.

Overtaking And Passing A Vehicle

The driver of a vehicle overtaking a bicycle or other non-motorized vehicle must pass the bicycle or another non-motorized vehicle at a safe distance of not less than three feet between the vehicle and the bicycle or other non-motorized vehicles.

FAQs About Bicycle Accident Claims in FL

What should I do immediately after a bicycle accident in Florida?

After a bicycle accident in Florida, the first priority is to ensure safety. Move to a safe location if possible, and call 911 to report the incident, especially if there are injuries. Seek medical attention right away, even if you don’t feel seriously injured, as some injuries may not be immediately apparent. Take photos of the scene, your injuries, and any damage to your bike. Gather contact information from witnesses and the driver involved, if applicable. Document everything for your insurance claim or potential legal action. Filing a police report is crucial for creating an official record of the accident.

Can I file a personal injury claim for a bicycle accident in Florida?

Yes, you can file a personal injury claim if you are injured in a bicycle accident in Florida. Florida follows a no-fault insurance system, meaning that you typically need to first file a claim with your own insurance company for medical bills, even if the accident was caused by another party. However, if your injuries are severe and meet specific thresholds set by Florida law, you may be able to pursue a personal injury claim against the at-fault party for additional damages, including pain and suffering, lost wages, and medical expenses.

What damages can I recover in a bicycle accident claim in Florida?

In Florida, if you are injured in a bicycle accident, you may be entitled to recover a variety of damages. These can include medical expenses for current and future treatment, lost wages if you are unable to work, pain and suffering, and property damage to your bicycle. In cases where the accident was caused by someone else’s negligence, you may also seek compensation for emotional distress, loss of enjoyment of life, and any long-term disabilities caused by the injury. The exact amount will depend on the circumstances and severity of your injuries.

How does Florida’s no-fault insurance law affect bicycle accident claims?

Florida’s no-fault insurance system applies primarily to motor vehicle accidents, and it requires drivers to carry Personal Injury Protection (PIP) insurance. However, bicyclists who are injured in an accident involving a motor vehicle may need to file a claim with their own PIP insurance if they have it, regardless of who caused the accident. If you don’t have PIP coverage, you may need to file a claim with the at-fault driver’s insurance or pursue a personal injury lawsuit, depending on the severity of your injuries. Florida law allows for a personal injury claim if your injuries are serious and meet the legal thresholds.

How long do I have to file a bicycle accident claim in Florida?

In Florida, the statute of limitations for filing a personal injury claim related to a bicycle accident is generally four years from the date of the accident. This means you must file a lawsuit within four years if you want to pursue compensation for your injuries. However, there are exceptions that could shorten this period, especially if you are filing a claim against a government entity. It’s important to consult with an attorney as soon as possible after your accident to ensure that you don’t miss any deadlines that could affect your claim.

What if the driver who caused the bicycle accident doesn’t have insurance?

If the driver who caused your bicycle accident in Florida doesn’t have insurance, you may still have options for recovery. If you have uninsured motorist coverage as part of your own car insurance policy, you may be able to file a claim with your own insurance company. Alternatively, if you don’t have such coverage, you may be able to pursue a claim directly against the driver if they have assets, or file a claim with your health insurance to cover medical expenses. Consulting with an attorney can help you understand your legal options in such cases.

Do I need an attorney for my bicycle accident claim in Florida?

While it’s not mandatory to hire an attorney for a bicycle accident claim in Florida, it is often advisable, especially if the accident resulted in significant injuries or if liability is disputed. An experienced attorney can help you navigate the complexities of Florida’s insurance laws, deal with insurance companies, and maximize your compensation. If your injuries are severe, or if you are pursuing a claim against an at-fault driver, having an attorney ensures that your rights are protected and that you don’t inadvertently settle for less than you are entitled to.

Free Case Evaluation By A Knowledgeable Bike Injury Lawyer in Florida

Burnetti, P.A. handles all types of bicycle accidents. Again and again, too many times to mention, the experienced Florida bike accident lawyers at the law firm see a huge number of bike crashes involving an automobile. A bike crash lawyer is trained to represent the victim so that the injured bike rider gets the best settlement possible. You can be sure that when you hire the lawyers at Burnetti, P.A. you will get the best bike injury attorney in town. If you were in a bike and car crash, don’t hesitate to call a bike injury lawyer and get a free consultation to see if you have a good case.

Burnetti, P.A.’s Florida personal injury attorneys investigate clients’ bike injury claims to determine liability by analyzing evidence, including:

• Photos
• Road conditions
• Construction site data
• Property damage
• Police reports

If you have been injured in a motor vehicle-bicycle accident, a negligent driver may be liable for paying for damages.

If you believe you have a claim for your bicycle accident injuries, contact Burnetti, P.A at (888) 444-8508. The consultation is free, and if our bike accident attorneys are not able to get a recovery, there are no fees and no cost to you.